25-93 ORDINANCE NO. 25-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT
IN THE LI (LIGHT INDUSTRIAL) DISTRICT; SAID LAND BEING
LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, BETWEEN
ATLANTIC AVENUE AND LOWSON BOULEVARD, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZONING DISTRICT MAP, DELRA¥ BEACH, FLORIDA, 1990";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the LI (Light
Industrial) District, as defined in Chapter Four of the Land Development
Regulations of the City of Delray Beach, Florida, to-wit:
All of Tract B, Tract C, and Tract L-4, "CONGRESS PARK
SOUTH", according to the Plat thereof, as recorded in
Plat Book 47, Pages 98 and 99 of the Public Records of
Palm Beach County, Florida. TOGETHER WITH that portion
of Tract R lying west of the east line of Tract C and
Tract L-4.
TOGETHER WITH
A portion of Lake Worth Drainage Canal E-4, being 95
feet in width, lying west of said Tract B and Tract C,
"CONGRESS PARK SOUTH", as recorded in Plat Book 47,
Pages 98 and 99 of the Palm Beach County Records.
LESS AND EXCEPT THAT PORTION THEREOF DESCRIBED AS
FOLLOWS:
A portion of land lying in Tract B and Tract C of said
Plat of "CONGRESS PARK SOUTH", Plat Book 47, Pages 98
and 99 of Palm Beach County Records.
Commencing from the SoW. corner of Tract "L-2"; thence
North 00 degrees 00' 00" East, along the East Line of
said Tract B, a distance of 498.25 feet, to the point
of beginning. Thence North 20 degrees 59' 31" West, a
distance of 69.71 feet; thence North 00 degrees 00' 00"
East, a distance of 66.00 feet; thence North 90 degrees
00' 00" East, a distance of 24.97 feet, to a Point
lying on the East Line of said Tract C; thence South 00
degrees 00' 00" East along said East Line, a distance
of 131.08 feet, to the point of beginning. Containing
0.06 acres, more or less.
The subject property is located on the west side of
Congress Avenue, between Atlantic Avenue and Lowson
Boulevard.
The above described parcel contains a ~2.40 acre parcel
of land, more or less.
Section 2. That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance, change
the Zoning District Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 1 hereof.
Section 7, That all ordinances or parts of ordinances which
are in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 13th day of April , 1993.
ATTEST:
Cfty Cfer~ '
First Reading March 23, 1993
Second Reading April 13, 1993
- 2 - ORD. NO. 25-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /OA - MEETING OF APRIL 13. 1993
ORDINANCE NO. 25-93
DATE: April 9, 1993
This is the second reading of an ordinance rezoning a portion of the
Congress Park South property, located on the west side of Congress
Avenue, south of Atlantic Avenue, from PCC (Planned Commerce Center)
zone district to LI (Light Industrial) zone district.
The subject property is the majority of Tracts B and C, a 95 foot wide
Lake Worth Drainage District easement tract and all of Tract L-4 of
the Congress Park South plat.
The rezoning request has been initiated to accommodate a proposed
111,681 square foot storage, distribution and office building to be
constructed on Tract A, with possible future expansion into Tract B.
The development of the proposed building was contemplated under the
current zoning designation, however, PCC zoning restricts industrial
uses to 50% of the total building area. As the existing and proposed
buildings contain industrial uses, that maximum would be exceeded.
The Planning and Zoning Board at their March 15th meeting recommended
approval. The Board also recommended modification of the LI district
to allow the retailing of items processed on site up to 2,500 square
feet and recommended reduction of the frontage requirement from 100
feet to zero. Those modification are included in Ordinance No. 32-93
which is also on the agenda for approval. A detailed staff report is
attached as backup material for this item.
At the March 23rd regular meeting, Ordinance No. 25-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 25-93 on second reading.
CITY COMMISSION DOCUMENTATION
TO: T. HARDEN, CITY MANAGER
THRU: DA~V~D J ~ K-OVACS, DIRECTOR
DEP~R~MENT OF PLANNING AND ZONING
FROM: PAUL DORLING, PLANNER II
SUBJECT: MEETING OF MARCH 23, 1993
APPROVAL ON FIRST READING OF A REZONING OF A PORTION
OF CONGRESS PARK SOUTH FROM PCC (PLANNED COMMERCE
CENTER) TO LI (LIGHT INDUSTRIAL)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
a rezoning request from PCC (Planned Commerce Center) to LI
(Light Industrial).
The subject property is the majority of Tracts B and C, a
95' wide LWDD easement tract and all of Tract L-4 of the
Congress Park South plat having a total area of 12.40
acres. The site is located on the west side of Congress
Avenue, south of Atlantic Avenue and immediately east of
the Municipal Golf Course.
BACKGROUND:
On May 24, 1983 the City Commission approved a land use change
and rezoning from PRD-4 to PCC along with a conditional use and
site plan for Congress Park South. The development proposal
included 4 office, research and light industrial buildings with
a total of 230,190 sq.ft. In 1986, one of the buildings was
constructed on Tract A along with the internal roadways and
underground infrastructure throughout the park. As these
improvements constituted more than 25% of the total project the
project is considered to be vested.
On February 5, 1993 the Planning and Zoning Department received
a request to change the zoning from PCC to MIC for 12.40 acres
(approximately the western half) of Congress Park South Plat.
When the request was discussed at the February 8, 1993 Planning
and Zoning Board workshop, the Board suggested that a change to
the newly created LI district might be more appropriate.
For further background information please refer to the attached
Planning and Zoning Board staff report of March 15, 1993.
City Commission Documentation
Approval on First reading of a Rezoning of a
Portion of Congress Park South from PCC to LI
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at
a public hearing on March 15, 1993. Several members of the
public including an adjacent resident and current tenant of
Congress Park South commented on the proposal. While none were
in opposition to the rezoning, concerns with respect to the
following items were voiced;
* Overall on-site traffic circulation and the potential for
additional truck routing pas% residences in the southeast
corner of the site.
* Location of the loading bays on the new building proposed
in the accompanying development plan.
* Traffic congestion at the existing entry to the park and
the accompanying development~ impact.
* Lack of screening along south portion of the Congress Park
~outh and the negative impacts of loading functions of the
existing building.
The Board took public testimony and noted the concerns were more
appropriately addressed by the Site Plan and Appearance Board
during the site development approval phase of the project.
At the public hearing the Board considered both the MIC and LI
districts. During discussions it was noted that modifications
to the LI district would be required to accommodate certain
aspects of the associated development proposal. The applicant
agreed to amend his rezoning request from MIC to LI and the
Board recommended the LI district be applied to the property on
a 6-0 vote. In a related action the Board also recommended
modifications to the LI district to allow the retailing of items
processed on site up to 2,500 sq.ft, and recommended reduction
of the frontage requirement from 100' to 0'as is currently
provided in the MIC District.
RECOMMENDED ACTION:
By motion, approve on first reading the rezoning request for a
portion of Congress Park South from PCC (Planned Commerce
Center) to LI (Light Industrial).
Attachment
* P&Z Staff Report of March 15, 1993
PD/CCLI.DOC
ORDINANCE NO. 25-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT
IN THE LI (LIGHT INDUSTRIAL) DISTRICT; SAID LAND BEING
LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, BETWEEN
ATLANTIC AVENUE AND LOWSON BOULEVARD, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the LI (Light
Industrial) District, as defined in Chapter Four of the Land Development
Regulations of the City of Delray Beach, Florida, to-wit:
All of Tract B, Tract C, and Tract L-4, "CONGRESS PARK
SOUTH", according to the Plat thereof, as recorded in
Plat Book 47, Pages 98 and 99 of the Public Records of
Palm Beach County, Florida. TOGETHER WITH that portion
of Tract R lying west of the east line of Tract C and
Tract L-4.
TOGETHER WITH
A portion of Lake Worth Drainage Canal E-4, being 95
feet in width, lying west of said Tract B and Tract C,
"CONGRESS PARK SOUTH", as recorded in Plat Book 47,
Pages 98 and 99 of the Palm Beach County Records.
LESS AND EXCEPT THAT PORTION THEREOF DESCRIBED AS
FOLLOWS:
A portion of land lying in Tract B and Tract C of said
Plat of "CONGRESS PARK SOUTH", Plat Book 47, Pages 98
and 99 of Palm Beach County Records.
Commencing from the S.Wo corner of Tract "L-2"; thence
North 00 degrees 00' 00" East, along the East Line of
said Tract B, a distance of 498.25 feet, to the point
of beginning. Thence North 20 degrees 59' 31" West, a
distance of 69.71 feet; thence North 00 degrees 00' 00"
East, a distance of 66.00 feet; thence North 90 degrees
00' 00" East, a distance of 24.97 feet, to a point
lying on the East Line of said Tract C; thence South 00
degrees 00, 00" East along said East Line, a distance
of 131.08 feet, to the point of beginning. Containing
0.06 acres, more or less.
The subject property is located on the west side of
Congress Avenue, between Atlantic Avenue and Lowson
Boulevard.
The above described parcel contains a 12.40 acre parcel
of land, more or less.
Section 2. That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance, change
the Zoning District Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
M A Y O R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - ORD. NO. 25-93
PLANNING & ZONING BOARD.
CITY OF DELRAY BEACH. --- STAFF REPORT---
MEETING DATE: March 15, 1993
AGENDA ITEM: II~'.B. -'
r~M: Rezoning from PCC to MIC or LI for a Portion of Congress Park South
GENERAL DATA:
Owner .................... Delmar Properties
Applicant ................ hevenger Company
Agent .................... Mr. Russell Christie
General Manager,
Levenger Company
Agent's Attorney ......... Michael S. Weiner, Esq.
~ocation ................. West of Congress Avenue~
between Atlantic Avenue and
LowsOn Boulevard.
Property Size ............ 12.4! acres.
City ~and Use Plan ....... Commerce
City Zoning .............. PCC (Planned Commerce Center)
Proposed Zoning .......... MIC (Mixed Industrial and
Commercial) or L! (Light
Industrial}
Adjacent Zoning...North~ POC (Planned Office Center)
East: PCC
South: OS (Open Space)
West~ OS
Existing Land Use ........ Vacant
Proposed Land Use ........ 111,681 square foot warehouse/
storage/distribution building
for a mail order business.
Water Service ............ Existing on site.*' Nain
relocation will be required .
Sewer Service ............ Existing 8" sanitary sewer
line serving Tracts 'A' and
"D' of Congress Park South.
No main extension is required.
III.B.
ITEM BEFORE THE BOARD=
The action before the Board is that of making a recommendation
on a rezoning request from PCC (Planned Commerce Center) to
either MIC (Mixed Industrial and Commercial) or LI (Light
Industrial) zone districts, pursuant to LDR Section 2.4.5(D),
change of Zoning District Designation.
The subject property is the majority of Tract B and Tract~C,
95' wide LWDD easement tract and all of Tract L-4 of the
Congress Park South Plat. The property is located on the west
side of Congress Avenue,.-south of~ Atlantic. Avenue _ and
immediately east of the Municipal. Golf Course.-_ .---
BACKGROUND:
Prior to 1981 the subject property was part of the Municipal
Golf Course. On December 21, 1981 the Planning and Zoning Board
recommended approval of a land use change (SF to- -PRD-4),
rezoning (R-1AA to PRD-4) and site plan approval to accommodate
a 97 unit single family development called Saddle Ridge. The
preliminary plat for the Saddle Ridge development was approved
by the Planning and Zoning Board on February 23, 1982. The City
Commission approved the land use change, rezoning and site plan
on May 11, 1982 (second reading) via Ordinance 28-82. The
project was never constructed.
On March 21, 1983 the Planning and Zoning Board recommended
approval of a request for a land use amendment (PRD-4 to PCC),
rezoning (PRD-4 to PCC), conditional use request and site
development plan for Congress Park South. The proposal included
4 office, research, and light industrial buildings with a total
of 230,190 sq. ft. The City Commission approved the requests on
May 24, 1983 via Ordinance No. 32-83. The final plat for
Congress Park South was recommended for approval by Planning and
Zoning Board on September 27, 1983 and approved by City
Commission on October 25, 1983.
An 18 month extension to the Congress Park South conditional use
and site plan approval was granted by City Commission on
November 13, 1984. In 1986 one of the buildings (approximately
57,547 sq.ft.) was constructed on Tract A along with the
internal roadways and underground infrastructure throughout the
park. As these improvements constituted more than 25% of the
total improvement costs the project was established at that
time.
On February 5, 1993 the Planning and Zoning Department received
a request to change the zoning from PCC to MIC for 12.41 acres
of Congress Park South. When the request was discussed at the
February 8, 1993 Planning and Zoning Board workshop, the Board
suggested that a change to the newly created LI District might
be more appropriate. Therefore, the rezoning is being evaluated
under both MIC and LI standards.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 2
PROJECT DESCRIPTION:
The proposed rezoning involves 12.41 acres of the 24.25 acres of
Congress Park South Plat and constitutes the majority of Tracts
B, C, the 95' wide LWDD easement tract and all of Tract L-4. A
small portion of Tracts B and C (.06 of an acre) is not
included in the request as this area has been conveyed by metes
and bounds to Tract A. It is noted that the conveyance is-not--
recognized as a legal subdivision p~r~suant to Section 5.2.2. and
must be addressed during the associated replatting of this
property. The rezoning request has been . -initiated - ~to
accommodate a proposed 111,681 sq. ft. 'storage/distribution/
office building to be constructed on Tract A, with possible
future expansion into Tract B.
Development of the proposed building was contemplated under the
current zoning designation, however, the PCC restricts
industrial uses to 50% of total building area. As the existing
and proposed buildings contain -industrial uses the 50%
industrial use maximum would have been exceeded. To accommodate
the industrial use on the site the applicant has requested a
rezoning to MIC. At the direction of the Planning and Zoning
Board, the LI zone is also being considered for this property.
ZONIN~ ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: The use or structures must be allowed mn
the zoning district and the zoning district must be consistent
with the land use designation.
The current land use designation for the site is Commerce.
Pursuant to the Future Land Use Element of the Comp Plan,
the Commerce Land Use designation is applied to property
which is developed,~ --~-or~---~s -to be-developed, 'in ~u~-a
manner as to accommodate a mix of industrial, service, and
commercial uses. This may be done either through
development of existing parcels or through a planned
concept.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 3
The requested zoning change is from PCC (Planned Commerce
Center) to MIC (Mixed Industrial Commercial) or LI (Light
Industrial). The zoning designations which are consistent
with the Commerce Land Use designation include the
following:
* PCC - Planned Commerce Center (Current Zoning) ;
* MIC - Mixed Industrial and Commercial (proposed);
* LI - Light Industrial (proposed) This zoning
district was recently created, and is being added to
the Land Use designation/zoning matrix (Table L-6) via.
93-1 Comprehensive plan amendment..-. ~ ...... ~ ......
The proposed use is a combination warehouse/storage/
distribution use associated with the Levenger mail order
company, which specializes in reading related items. The
proposed building will contain approximately 2,165 sq.ft.
of showroom (open to public), 31,885 sq.ft, of accessory
office use and 77,631 sq.ft.-of warehouse/storage use
(total of 111,681 sq.ft.). Both the LI and the MIC zoning
districts allow wholesaling, storage and distribution as a
permitted use. Business offices which are accessory to the
primary industrial use are allowed under both the LI and
MIC zone districts.
However, the LI district limits the retailing of items
to only those produced on the premises and limits retail
space to no more than 10% of the building or 1,000 sq.ft.
whichever is less. Under the MIC zone district retailing
of products made on or off site and got exceeding 25% of
building floor area are allowed.A~ the retail items
available in the proposed Levenger showroom are not
produced on site, and the proposed showroom will exceed
1,000 ft. as written, only the MIC district will
accommodate this element of the use.
Concurrency~ Facilities which are provided b~, or through, the
City shall be provided to new development concurrent with
issuance of a Cert~ficate of Occupancy. These facilities shall
be provided pursuant to levels of service established w~th~n the
Comprehensive Plan.
Streets and Traffic:
Pursuant to Section 2.4.5(D) with all rezoning requests', traffic
information is required which addresses the development of the
property under reasonable intensity pursuant to the existing and
proposed zoning.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 4
The Planning Director has waived this requirement at the
rezoning stage, based on a determination that the existing and
proposed zoning classifications are of similar intensity.
Also, this property is vested in terms of traffic concurrently
based upon the established status of the previously approved
plan. However, this waiver does not negate the provision of a
traffic study with the site plan application at which time the
use, trip generation and trip assignment must be-addressed~---
Water: The proposed development will accommodate uses of
similar intensity to currently.approved uses~and-are anticipated
to have similar water consumptlon--'rat~s~ While the--ultimate
square footage of the building may exceed what was previously
approved on this site (if the contemplated expansion occurs), no
water concurrency concerns are noted.
With the construction of Building 1 of Congress Park South on
"Tract A", 8" water mains and 8 fire hydrants were installed on
Tracts B and C. The proposed siting of the Levenger building
will require relocation of some of these existing water mains.
A main extension from the Golf Course (west of this site) into
the internal water main system within this site may be necessary
as part of the Golf Course Clubhouse expansion project. An
easement may be required with platting to accommodate this
connection.
Sewer: The proposed rezoning will accommodate uses of similar
intensity and therefore similar sewer generation rates are
anticipated. Even though additional building square footage is
accommodated with build out, concurrency with respect to sewer
plant capacity is not a concern.
With the construction of the first building in Congress Park
south, an 8" sewer main was installed in Tract A and D.
Perks end Ope~ SDace: Park dedication requirements apply to
residential uses and therefore do not apply to the existing PCC
or proposed MIC and LI zoning districts.
Solid Waste: The zoning change is to a category of similar
intensity and therefore is anticipated to generate a similar
solid waste stream. It is noted that the accompanying site
development layout along with potential future expansion will
probably exceed the previously approved square footage for these
tracts. In addition, as this site will be a distribution center
an add~tional packing waste may be experienced. However, the
above two factors are not anticipated to substantially alter
proposed solid waste generation from the site.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 5
Drainage: The parcels are located in the vicinity of the
municipal wellfields. Pursuant to the County's Wellfield
Protection Ordinance, the management of drainage and water
retention in wellfield zones 1 & 2 is limited to surface
retention, i.e. no exfiltration. In reviewing the wellfield
maps development on Tract C, appears to be outside these zones
while Tract B may encroach into-zone 2. Verification of the
exact location of the protection zones will be required for
review of site development plans for both of these tracts.
Consistenc¥~ Compliance with .th9 _.performs_nee
forth in Section 3.3.2 (Standards _fo=__Rezoning. Actions) along
with required findings in Section 2.4.$(D)(5) (Rezoning
Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and pol£cieS found
in the adopted Comprehensive Plan may be used in the making of a
finding of overall consistency.
Comprehensive Plan Policies.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Conservation Policy
Whenever new development or redevelopment is proposed
along a waterway, a canal, or an environmentally
sensitive area identified via policy B-2.1, an area
equivalent to at least 10% of the total area of the
development shall be set aside in an undisturbed state
or 25% of native communities shall be retained
pursuant to TCRPC Policy 10.2.2.2.
As this development abuts the LWDD canal the above policy
applies. The entire site, with the exception of a few
areas along the canal, is in a disturbed state. To comply
with the above it is recommended the applicant reestablish
an area of native communities along the canal which equals
at least 10% of the parcel's size.
Conservation Policy A:2.3
Within those areas covered by Wellfield protection
regulations, uses which may involve regulated
chemicals shall be removed form the list of permitted
or conditional uses allowed within zoning designations
which apply to such property. The necessary code
amendments shall be adopted as an amendment to the
Land Development Regulations.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 6
The southern portion of this parcel is within Zones 2 & 3
of a municipal well located in the adjacent Golf Course.
The uses allowed within the proposed MIC zone district
include all permitted uses within the Industrial zone
district. Industrial zoning has been removed from property
which are above the Series 20 wellfield due to concerns of
potential contamination.
While it is acknowledged that the rezoning is sought to
accommodate a "clean industrial use" the granting of MIC
zoning does not guarantee construction or-success of the.
development proposal. = ..... ' .........
In contrast, the LI (Light Industrial) zoning district has
been created specifically to be affixed to this 'type' of
environmentally sensitive area.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3'.3'.2 which--apply are as
follows:
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The proposed rezoning is from PCC (Planned Commerce Center)
to MIC (Mixed Industrial and Commercial) or LI (Light
Industrial). To the north the property is bordered by POC
(Congress Park Planned Office Center), to the east by the
balance of the PCC (one industrial building), and to the
south and west by Open Space (Municipal Golf Course).
Compatibility concerns with the existing PCC are possible
with the MIC zoning, through the introduction of retail
traffic (25% of the potential building area) into the PCC.
However, although approval of the zoning does not prohibit
the introduction of alternative development plans, this
rezoning is being undertaken to accommodate a specific
development proposal (Levenger building) which will have a
minimum retail component (2,165 sq.ft.). Moreover, the
location of this property at the rear of an office/
industrial park does not lend itself to retaiI uses~
Compatibility with the Municipal Golf Course to the west
should also be enhanced through the introduction of native
plantings along the canal as required pursuant to
Conservation policy B.2.5. In addition, the accompanying
site development plan indicates that the large Banyan Trees
along the west LWDD canal boundary are to be saved,
providing additional buffering.
P&Z Staff Report
Rezonlng from PCC to MIC or LI
for a Portion of Congress Park South
Page 7
LDR COMPLIANCE:
Section 2.4.5(D)(5) (Rezoninq Flndin~s)~
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought.-~These re&sons-include..the
following:
a. That the zoning had pr~viously been changed, or was
originally established~--~in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has indicated that the applicable reason for the
rezoning is B & C. The narrative submitted with the application
for MIC zoning provided the following statement:
"The circumstances of this particular site that makes MIC
district more appropriate than the current PCC zoning is
that PCC zoning was designed with the idea that high
technology industries would grow in popularity and use
large portions of the industrial based zones located in
Delray Beach, Florida. These expectations were
unfulfilled. Based on the design of PCC zoning, there were
certain restrictions on storage and warehouse use which is
of low intensity, but which are not necessarily compatible
with high technology industries. When these restrictions
are placed upon a site that will contain multiple users and
owners, the ability to enforce the restrictions becomes
almost impossible, and therefore PCC zoning would inhibit
rather than enhance any further development. Under those
circumstances, MIC zoning is more appropriate in that it
does not require the aggregation of uses among its property
owners. However, comparatively speaking, the MIC zoning is
of no greater impact especially when considered--in light of
this particular project where most of the space will be
used for storage and warehousing of furniture products.
Accordingly, the zoning is of a similar intensity as
allowed under the Future Land Use Map and is more
appropriate based upon the particular circumstances of this
site.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 8
The property has been only partially developed since lt,s
approval in 1983. The PCC zoning district is geared to Research
and Development uses which have declined in recent years and
therefore this zoning is as appropriate as PCC given the
proposed use.
The following LDR requirements are applicable to the rezoning
analysis and relate to the newly configured PCC parcel, and the
subject parcel under MIC and LI zoning districts.
PCC Parcel~ .......................... ..
* Section 4.4.18(D)(2): requires a minimum PCC parcel size
of 10 acres and a minimum lot area of 1 acre. ~ ....
The remaining PCC parcel will contain approximately
11.84 acres and the two developable tracts which
exceed the I acre minimum.
* Pursuant to Section 4.4.18(D)(2) the PCC zoning district
requires a minimum 25' landscape buffer around the
perimeter pursuant to Section 4.4.18(D)(2)(d). With the
rezoning of a portion of the PCC a new western boundary of
the PCC is created. The new zoning line boundary
corresponds with the western edge of an access roadway and
parking area effectively providing a 0' landscape buffer.
The accompanying site development plan for Levenger
building (Phase I) does provide a 25' landscaped
building setback along the PCC/MIC common property
line. This 25' landscape setback should be extended
with Phase II development. In light of the above the
intent of the required landscape area will be met
while being 25' east of its required location. Given
the above it does not appear inappropriate to accept
the creation of this nonconforming condition.
MIC Zoning Criteria (Subject Parcel)~
* No minimum development area or minimum lot size applies to
the MIC zoning district. However, restrictions do apply
with respect to the percentages of types of uses l.e
office, retail, indust~a~ etc..{see discussion under the
Future Land Use section).
LI Zoninq Criteria (Subject Parcel)~
* A minimum development area of 1 acre, minimum lot size of
20,000 sq.ft, and minimum lot frontage of 100 feet apply to
this zone district.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 9
The subject parcel is 12.41 acres and the two proposed
tracts will exceed 20,000 sq.ft, each. With respect
to frontage this parcel does not front on a public
street and therefore does not meet the 100 foot
frontage requirement. It is noted access to this
parcel is via 46' and 41' access tracts which are
dedicated to the Congress Park South Owners
Association Inc.
* Restrictions apply with respect to the percentages of types
of uses i.e office, retattf--, industrial,- etc. (see
discussion under Future land use section).
REVIEW BY OTHERS:
The rezoning is not in a geographic area requiring review by the
CRA ( Community Redevelopment Agency), or the DDA ( Downtown
Development Authority).
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A courtesy notice has
been sent to Helen Coopersmith (PROD), Art Jackel (United
Property Owners), Jean Miner (Delray Council of Communities),
Congress Park South tenants and LWDD who have requested
notification of petitions in that area.
ASSESSMENT AND CONCLUSION:
The report discusses the applicability of two zoning districts
for a portion of Congress Park South. The zoning districts have
been analyzed without regard to any development proposal and the
fOllowing differences are noted. The MIC zoning district will
accommodate a greater range of uses including all permitted uses
under the Industrial zoning designation (50% min per building),
Business services (25% max), Finance, Insurance and Real Estate
Services (25% max) and Retail trade (25% max). The proposed
will allow some industrial uses (limited manufacturing and
assembly) along with wholesaling,storage and distribution,
research and development, and general business offices and
business services. Retail trade in the LI_district 'is. limited
to items produced on site and to 10% or 1,000 sq.ft, whichever
is less. -
Therefore, development under the LI district is more restrictive
than the MIC district with respect to type of Industrial uses
and amount and type of retail trade. The LI district is less
restrictive with respect to the amount of office uses.
P&Z Staff Report
Rezoning fromPCC to MIC or LI
for a Portion of Congress Park South
Page 10
The rezoning request is being accompanied by a development
proposal to construct a 111,68! sq.ft, warehouse/storage/
distribution building. The proposed building will contain
approximately 77,631 sq.ft, of warehouse, 31,885 sq.ft, of
accessory office and a 2,165 sq.ft, retail showroom.. The retail
component of the request cannot be accommodated under the
current LI district. To accommodate the development proposal
two alternatives exist: recommend MIC which will accommodate
the proposal or recommend~ LI but make adjustments to the retail
trade portions and frontage requirements (see discussion under
LDR Compliance) of the district-to allow the use.-
The intent of the LI district is to create a district which is
more stringent than the existing "I", "MIC" and "PCC" districts
which could then be applied to properties within environmental
sensitive areas including the wellfield protection zones. While
this district was modelled to be affixed to the industrial area
north of S.W. 10th Street it is appropriate for this parcel
given the proximity of the development to the Municipal Golf
Course wellfield.
It is staff's recommendation that due to the environmentally
sensitive nature of the site and need to control potential uses
of the parcel, LI zoning is more appropriate. The staff further
recommends that modifications to the LI district be initiated to
address both the frontage and retail trade portion of this
district.
As further processing of this development plan will not require
review from the Planning and Zoning Board, it is recommended the
applicant be requested to acknowledge his commitment to the
establishment of 10% of the site in native communities along the
canal, as required pursuant to Conservation Policy B-2.5.
ALTERNATIVE AC T I O N 8:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to policies
of the Comprehensive plan (applies to MIC zoning only) and
Section 2.4.5.(D)(5) the rezoning fails to fulfill at least
one of the reasons listed.
C. Recommend approval of the proposed zoning change to an
appropriate designation as allowed under the "Commerce"
Land Use designation based upon positive findings with
respect to Chapter 3 (Performance Stand4rds) of the Land
Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.5.(D)(5).
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 11
STAFF RECOMMENDATION:
By separate motions:
Recommend approval of the rezoning request to LI (light
Industrial) based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(D)(5).
Initiate changes to the newly Created LI (Light Industrial)
zone district -with respect to .the percentage of retail
allowed and required frontage.
PD/REZ.DOC
ATLAN'TIC
LAK£
CONGRESS PARK
SOUTH
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM 9 12A - MEETING QF MARCH 23. 1993
ORDINANCE NO. 25-93
DATE: March 19, 1993
This is the first reading of an ordinance rezoning a portion of the
Congress Park South property, located on the west side of Congress
Avenue, south of Atlantic Avenue, from PCC (Planned Commerce Center)
zone district to LI (Light Industrial) zone district.
The subject property is the majority of Tracts B and C, a 95 foot wide
Lake Worth Drainage District easement tract and all of Tract L-4 of
the Congress Park South plat.
The rezoning request has been initiated to accommodate a proposed
111,681 square foot storage, distribution and office building to be
constructed on Tract A, with possible future expansion into Tract B.
The development of the proposed building was contemplated under the
current zoning designation, however, PCC zoning restricts industrial
uses to 50% of the total building area. As the existing and proposed
buildings contain industrial uses, that maximum would be exceeded.
The Planning and Zoning Board at their March 15th meeting recommended
approval. The Board also recommended modification of the LI district
to allow the retailing of items processed on site up to 2,500 square
feet and recommended reduction of the frontage requirement from 100
feet to zero. Those modification are included in Ordinance No. 32-93
which is also on the agenda for approval. A detailed staff report is
attached as backup material for this item.
Recommend approval of Ordinance No. 25-93 on first reading.
AND AN EFFECTIVE DATE.
AN ORD~IANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
EEACI',, 'FLORIDA, AMENDING SEC*
TION 2.4.3{I), 'ARCHITECTU~
APPEARANCE)
SUBPARAGRAPH (I),
THE LAND DEVELOPMB~r_
LATIONS OF THE CODE
NANCES OF THE CiTY OF
BEACH, FLORIDA, TO,,~IlI~
SPECtFIC· LANGUAGE
BOARD APPROVAL OF A
iN EXTERIOR COLOR T~_~_~
lNG OR STRUCTURE; IR]~II~IJK
A SAVING CLAUSE, A
REPEALER CLAUSE, AND JIB
FECTIVE DATE.
HEARING'wifl be MM off
p~msed Ordinances at
FLORIDA,
PRESENTLY
AND AMEND-
DISTRICT MAP, DEL-
, FLORIDA, IgC; PRO-
A GENERAL REPEALER
A SAVING CLAUSE, AND
[CTIVE DATE.
BEACH, FLORIDA, AMENDING SEC- ~ City C
TION 4.4.~6, ~LIGHT INDUSTRIAL r mattor cmsl~*~ at
. (LI) DISTRICT', SUBSECTION Mating, suc~ peYotl(s)
4.4.~(C), ~ACCESSORY USE AND will ~ed°~ record Of
STRUCTURES PERMITTED~, SUB-ings, and for Mis purp~ ..su~ POr-
PARAGRAPH (4), OF THE LAND ~on(s) may need to ensure mci a vor-
DEVELOPMENT REGULATIONS OF beti~ r~:ord inc~d~ Hie t~timm¥
THE CODE OF ORDINANCES OF and evidence
THE CITY OF DELRAY BEACH, to be besecl. The City does not pcovt~
FLORIDA, TO CLARIFY THE TYPE or prepare such r~tl. Pu~,uant to
~OF RETAILING AND THE AMOUNT F.S.~.01K.
FLOOR AREA W~ICH MAY BE
DEVOTED TO RETAIL USE;
AMENDING SECTION L3.X(K),
tDEVELOPMENT STANDARD~ MA- CITY OF DELRAY BEACH
TRIX', TO PROVIDE FOR A REDUC- Alis~ MacGrtg~ H~rl
TION iN THE LOT FRoI~rAGE
~UIREMENT FOR THE LIGHT ~N-
DU~TRIAL ZONE DISTRICT; PER~ TPHUEBLNI~I~/!1~ _.
ViDING A NV NG CLAUSE A GE
ERAL REPEALER CLAUSE AND
AN EFFECTIVE DATE.
TION ~L&.16, 'LANDSCAPE l~
TTOflS', SUBSECTION
'iRRIGATIONDESIGN
DARD~, OF THE LAND DEVBI,~I~.~
MENT REGULATIONS OF
CODE OF ORDINANCES
CITY OF DELRAY BEACH, F;'~
DA, TO PROVIDE RE~UIDEt4~
FQ4~ T.E USE OF RUST INHIm
I~GM$; PROVI ~ P
I CI.AUSE, A GENERAL REP~
I.~A. _U. SE,.AN DAN EFF~
| ~1ON OF THE CiTY OF DESII~J
I B~CH, FLO~D&, MNDI ~N4~ 1
~ MENTS, SUBSECT 2X4R~I~ i
~ ~PRELIMINARY ENGI-NEm
, ~Ommu~-- ~ r